Chaney v. Brown
Cases that cite this one
6 later published cases cite this decision.
- Chick Smith Ford, Inc. v. Ford Motor Credit Co. (In re Chick Smith Ford, Inc.) (United States Bankruptcy Court, M.D. Florida 1985)
- Philbrick v. Wedel (Fla. Dist. Ct. App. 1982)
- Mintzberg v. Golestaneh (Fla. Dist. Ct. App. 1980)
- Biltmore Const. Co. v. Florida Dept., Etc. (Fla. Dist. Ct. App. 1978)
- Townsend v. Martin-McClellan Co. (Fla. Dist. Ct. App. 1972)
- Turk v. Hysan Products Co. (Fla. Dist. Ct. App. 1963)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Upon petition for certiorari under Rule 34 we review an order denying a motion to dismiss a bill seeking specific performance.
The question is whether the receipt, endorsement and cashing of the following check is a sufficient written contract to support a suit for specific performance of a contract to sell real estate:
“THE HILLSBOROUGH STATE BANK 63-98
Plant City, Fla. 2-29 1944 No.
PAY TO THE ORDER OF Mrs. Mary A. Chaney $100.00 One-hundred and xx/100....................DOLLARS
FOR cash payment on hbouse & lot, /s/ J. Martin Brown 701 So. Collins St. $900 bal. payable on possession”
Specific performance is an equitable remedy granted only in cases where the parties have actually entered into an agreement which is definite and certain in all its essential elements. There was no contract as shown by this bill. We grant certiorari and quash the order upon authority of Rhode v. Gallat, 70 Fla. 536, 70 So. 471; Whitson v. Owens, 94 Fla. 1201, *490 115 So. 512; Florida Bank & Trust Co. v. Field, 157 Fla. 261, 25 So. (2nd) 663.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.